For Québec

The proposed Regulation respecting the mandatory declaration of water withdrawals requires institutions not supplied by water supply works, as well as industries and businesses to send to the Ministry of Sustainable Development, Environment and Parks the following information:

• the number of withdrawal sites used and their location,
• the intended use of the withdrawals, and
• whether or not measuring equipment is used to measure the volumes withdrawn

The proposed regulation would require those that withdraw frequently to measure the volumes withdrawn. Small and medium-sized businesses must send in information on their water withdrawals.

The proposed regulation may come into force 60 days after November 5, 2008.

In St. Lawrence Cement Inc. v. Barrette, neighbours of a cement factory filed a class-action lawsuit against the company alleging that the factory’s activities caused neighbourhood disturbances that were excessive.

The Supreme Court of Canada ruled that Québec has two regimes of civil liability under s.976 of the Québec Civil Code:

1. The ordinary rules of civil liability, which are based on the wrongful conduct of the person who allegedly caused the disturbances, and
2. A regime of no-fault liability based on the extent of the annoyances suffered by the victim for the purposes of s.976.

The fact that the company’s conduct was proper, and that it complied with all applicable standards were not valid defences. Under s. 976, the company is liable once there is proof that it has caused excessive neighbourhood annoyances.

In Québec, it is now important to conform to all applicable standards, but that in itself will not protect a company from civil liability. The effect of this ruling in other Canadian provinces and territories is unclear. Whether in Québec or not, consult a legal professional for more information.

Here is a recent update our members received with regards to British Columbia’s first take at carbon credits.

On May 28th, the B.C. government introduced a key component of its plan to reduce greehouse gas emissions by one-third by the year 2020.  Bill 18 establishes a framework for a cap-and-trade system for greenhouse gas emissions; however, specific reduction targets have yet to be set.

The B.C. government can now issue a given number of allowance units (BCAUs) to affected companies that each represent one tonne of CO2 equivalent emissions. If a company wishes to surpass its emissions cap,  it is possible to purchase additional units from other companies who have additional BCAUs at the end of a compliance period (which will be determined by regulation).

Companies may also acquire BC Emission Reduction Units (BCERUs), which are issued by the government if a company can demonstrate  removal, reduction or avoidance of GHG emissions into the atmosphere. Companies can also purchase Recognized Compliance Units (RCUs) from other jurisdictions (if approved by regulation). Companies may be forced to pay administrative penalties in the case of non-compliance.